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1999 Supreme(AP) 1129

C.V.N.SASTRY
Seera Simhachalam – Appellant
Versus
Pediredla Simhachalam – Respondent


C. V. N. SASTRY, J.

( 1 ) THIS Second Appeal filed by defendants arises out of a suit for permanent injunctior restraining the defendants from interfering with the plaintiff s peaceful possession and enjoyment of the plaint schedule property consisting of Ac. 1. 00 of agricultural land in s. No. 81/3 of Kudduvalasa Village. During the pendency of the suit the original plaintiff died and the respondents herein were brought on record as his legal representatives. It was the case of the plaintiff that he was the owner of the suit property and that he executed a nominal sale deed dated 6-7-1970 (Ex. B-1) in favour of the first defendant who was his close friend, apprehending that the plaintiff might lose some of his lands in view of the impending Land Ceiling Legislation. It was the further case of the plaintiff that on the same date the first defendant executed an agreement of reconveyance (Ex. A-5) in his favour admitting the said facts and promising to reconvey the suit property to him whenever demanded. It was also the case of the plaintiff that the sale deed ex. B-1 was without any consideration and it was never intended to be acted upon and that he himself continued to be in posse









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